Copyright Office Fees
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Abstract
The Copyright Office proposes the adoption of a new fee schedule. The Office last adjusted fees in 2020, based on a study of its fiscal 2016 and 2017 costs. Since that time, the costs of providing Office services have risen substantially due to inflation and other increases. The proposed fees are intended to enable recovery of a percentage of the Office's costs, closer to historical levels, without imposing undue barriers to access its services. The Office welcomes public comment on the proposed changes in advance of submission of the fee schedule to Congress.
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<title>Federal Register, Volume 91 Issue 54 (Friday, March 20, 2026)</title>
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[Federal Register Volume 91, Number 54 (Friday, March 20, 2026)]
[Proposed Rules]
[Pages 13529-13543]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05529]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 202, and 203
[Docket No. 2026-2]
Copyright Office Fees
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Copyright Office proposes the adoption of a new fee
schedule. The Office last adjusted fees in 2020, based on a study of
its fiscal 2016 and 2017 costs. Since that time, the costs of providing
Office services have risen substantially due to inflation and other
increases. The proposed fees are intended to enable recovery of a
percentage of the Office's costs, closer to historical levels, without
imposing undue barriers to access its services. The Office welcomes
public comment on the proposed changes in advance of submission of the
fee schedule to Congress.
DATES: Written comments must be received no later than 11:59 p.m.
Eastern Time on May 4, 2026.
ADDRESSES: For reasons of government efficiency, the Copyright Office
is using the <a href="http://regulations.gov">regulations.gov</a> system for the submission and posting of
public comments in this proceeding. All comments should be submitted
electronically through <a href="http://regulations.gov">regulations.gov</a>. Specific instructions for
submitting comments are available on the Copyright Office website at
<a href="http://copyright.gov/rulemaking/feestudy2026">http://copyright.gov/rulemaking/feestudy2026</a>. If electronic submission
of comments is not feasible due to lack of access to a computer or the
internet, please contact the Office using the contact information below
for special instructions.
FOR FURTHER INFORMATION CONTACT: Rhea Efthimiadis, Assistant to the
General Counsel, by email at <a href="/cdn-cgi/l/email-protection#0f626a697b4f6c607f767d6668677b21686079"><span class="__cf_email__" data-cfemail="c6aba3a0b286a5a9b6bfb4afa1aeb2e8a1a9b0">[email protected]</span></a>, or by telephone at
202-707-8350.
SUPPLEMENTARY INFORMATION: The Copyright Office last adjusted its fee
[[Page 13530]]
schedule in March 2020 based on a multi-year study of the Office's
fiscal 2016 and 2017 costs.\1\ Since that time, both inflation and the
costs of providing Office services have risen substantially. To
maintain fiscally responsible operations at a level commensurate with
stakeholder demand for services, and in recognition of actual to-date
cost increases and projected inflation, the Office proposes fee
adjustments. The Office's goal is to restore recovery of the
historically higher percentage of its actual expenses from fees in
order to support its operations and provide high quality services to
the public. This notice describes the Office's statutory authority in
setting fees, outlines the methodology employed in studying its costs,
and provides the justification for the proposed adjustments.
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\1\ 85 FR 9374 (Feb. 19, 2020) (effective Mar. 20, 2020); Booz
Allen Hamilton, 2017 Fee Study Report (2017), <a href="https://www.copyright.gov/rulemaking/feestudy2018/fee_study_report.pdf">https://www.copyright.gov/rulemaking/feestudy2018/fee_study_report.pdf</a>.
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As discussed below, central to the Office's mission is ensuring
that our fees do not impose undue barriers to access copyright
services. While the fees proposed here fall far short of covering the
Office's actual costs, we recognize that some of the increases are
substantial and may impact some copyright stakeholders more than
others. The Office is exploring ways to minimize this impact so that
all stakeholders are able to use our services. Among other things, the
Office will issue a Notice of Inquiry (``NOI'') on possible future
alternative fee structures.\2\ As discussed below, at least some such
alternative fee structures are expected to be technically feasible
within the Enterprise Copyright System (``ECS'') registration system
now in development. The responses to the NOI will assist in determining
which ones may be appropriate and desirable once ECS is fully
operational.
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\2\ See infra Part III.A.1.iii.
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I. Statutory Framework
The Copyright Act requires the Office to collect fees to apply
toward the costs of providing certain services. The Act allows the
Office to periodically adjust those fees, including for the following
services enumerated in section 708:
(1) On filing an application under section 408 for registration of
a copyright claim or for a supplementary registration, including the
issuance of a certificate of registration if registration is made;
(2) On filing each application for registration of a claim for
renewal of a subsisting copyright under section 304(a), including the
issuance of a certificate of registration if registration is made;
(3) For the issuance of a receipt for a deposit under section 407;
(4) For the recordation, as provided by section 205, of a transfer
of copyright ownership or other document;
(5) For the filing, under section 115(b), of a notice of intention
to obtain a compulsory license;
(6) For the recordation, under section 302(c), of a statement
revealing the identity of an author of an anonymous or pseudonymous
work, or for the recordation, under section 302(d), of a statement
relating to the death of an author;
(7) For the issuance, under section 706, of an additional
certificate of registration;
(8) For the issuance of any other certification;
(9) For the making and reporting of a search as provided by section
705, and for any related services;
(10) On filing a statement of account based on secondary
transmissions of primary transmissions pursuant to section 119 or 122;
and
(11) On filing a statement of account based on secondary
transmissions of primary transmissions pursuant to section 111.\3\
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\3\ 17 U.S.C. 708(a).
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Fees for the services described in paragraphs (1) through (9) above
are established in accordance with a statutorily mandated process. The
Register must first ``conduct a study of the costs incurred by the
Copyright Office for the registration of claims, the recordation of
documents, and the provision of services.'' \4\ The study is to
``consider the timing of any adjustment in fees and the authority to
use such fees consistent with the budget.'' \5\ On the basis of the
study, the Register may ``adjust fees'' by regulation ``to not more
than that necessary to cover the reasonable costs incurred by the
Copyright Office for'' its services ``plus a reasonable inflation
adjustment to account for any estimated increase in costs.'' \6\ The
Register must then prepare a proposed fee schedule and submit it with
the accompanying economic analysis to Congress.\7\ The proposed
schedule may be instituted after the end of 120 days after submission
unless, within that 120-day period, Congress enacts a law stating in
substance that it does not approve it.\8\
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\4\ Id. at 708(b)(1).
\5\ Id.
\6\ Id. at 708(b)(2).
\7\ Id. at 708(b)(5).
\8\ Id.
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Section 708 requires that fees under section 708(a)(1)-(9) ``be
fair and equitable and give due consideration to the objectives of the
copyright system.'' \9\ Accordingly, the Copyright Office must consider
not only the reasonable costs of services provided, but also the public
interest.
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\9\ Id. at 708(b)(4).
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The Copyright Act also authorizes the Register of Copyrights to
establish fees for services other than those listed in paragraphs (1)
through (9) of section 708(a). Though not subject to the procedural
requirements of section 708(b), these fees are generally evaluated and
adjusted as part of the fee study mandated by section 708(b) (as is the
case here). First, paragraphs (10) and (11) of section 708(a) provide
that the Copyright Office's Licensing Section may charge filing fees
for the statements of account that cable and satellite companies must
submit under the statutory licenses in sections 111, 119, and 122 for
the secondary transmissions of primary broadcast television
transmissions.\10\ Such filing fees must ``be reasonable and may not
exceed one-half of the cost necessary to cover reasonable expenses
incurred by the Copyright Office for the collection and administration
of the statements of account and any royalty fees deposited with such
statements.'' \11\ Second, section 708 authorizes the Register to set
fees for any ``other services,'' such as ``preparing copies of
Copyright Office records,'' and states that these fees must be ``based
on the cost of providing the service.'' \12\ Various other provisions
of the Copyright Act outside section 708 authorize the establishment of
fees for specific services and require fees to be set based on
costs.\13\
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\10\ Id. at 708(a)(10), (11).
\11\ Id. at 708(a).
\12\ Id.
\13\ See, e.g., id. at 104A(e)(1)(C) (``The Register of
Copyrights is authorized to fix reasonable fees based on the costs
of receipt, processing, recording, and publication of notices of
intent to enforce a restored copyright and corrections thereto.'');
id. at 512(c)(2) (requiring the Register to ``maintain a current
directory of agents'' designated to receive notifications of claimed
infringement, and authorizing the ``payment of a fee by service
providers to cover the costs of maintaining the directory'').
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The Register has ``wide discretion to adjust Copyright Office fees
by regulation.'' \14\ In 1997, Congress amended section 708
specifically to grant the Register broad discretion and permanent
authority to set fees for the Office.\15\ The statute generally
instructs the Register to set fees at a level that
[[Page 13531]]
covers the Office's overall costs.\16\ In doing so, she may set fees
that account for the indirect costs of providing services, and use fee
revenue from some services to offset losses from others in order to
encourage the public to utilize them.\17\
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\14\ 2 Melville B. Nimmer & David Nimmer, Nimmer on Copyright
sec. 7.24 (2013).
\15\ See Act of Nov. 13, 1997, Public Law 105-80, 111 Stat.
1529, 1532 (1997); H.R. Rep. No. 105-25, at 16 (1997).
\16\ See 17 U.S.C. 708(b)(1), (2) (providing that the Register
``may . . . adjust fees to not more than that necessary to cover the
reasonable costs incurred by the Copyright Office'' for ``the
registration of claims, the recordation of documents, and the
provision of services''). In some limited circumstances, the statute
specifies that the fees for a specific service may not exceed the
cost of providing that service. For instance, the statute specifies
that the statement of account filing fees under paragraphs (10) and
(11) of section 708(a) ``may not exceed one-half of the cost
necessary to cover reasonable expenses incurred by the Copyright
Office for the collection and administration of the statements of
account.'' Id. at 708(a).
\17\ H.R. Rep. No. 105-25, at 16 (1997).
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II. Cost Study
Since Congress first gave the Register the authority to set and
adjust fees, the Office has adjusted its fees approximately every three
to five years. The last such adjustment went into effect in March 2020.
In August 2023, the Office initiated a new cost study by
contracting with the Library of Congress's Federal Research Division
(``FRD''), with oversight from the Office's Assistant Register and
Director of Operations and the Chief Economist. Based on information
gathered in its study, FRD ``conducted a comprehensive review of the
full costs required [for the Office] to operate . . . and provide fee-
based services, including current costs and future projected costs.''
\18\ In addition to studying the Office's costs, FRD built a cost and
revenue projection model.
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\18\ Federal Research Division, U.S. Copyright Office FY2024 Fee
Study: Cost Assessment Report 3 (2025) (``FRD Report''), <a href="http://copyright.gov/rulemaking/feestudy2026">http://copyright.gov/rulemaking/feestudy2026</a>.
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A. Cost Study Methodology and Findings
FRD employed a mixed quantitative and qualitative methodology to
assess the Office's costs.\19\ To collect data, it began by building an
instrument to measure the time employees spent processing fee-based
services (``time-use data'') over a four-week period.\20\ FRD deployed
an additional survey to collect time-use data for conducting work on
second appeals for registration claims.\21\ For further quantitative
analysis, it reviewed personnel cost records, non-personnel financial
records, licensing fiduciary statements, annual report data, and
transaction costs for receiving and shipping materials.\22\ It
conducted qualitative interviews to confirm or qualify the time-use
data, gather additional context, and collect estimates for services
where time-use data was not available.\23\
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\19\ A full description of FRD's cost assessment methodology is
available in Appendix II of the FRD Report. See id. app. II.
\20\ FRD distributed this data collection instrument to
employees in the Office of Registration Policy and Practice
(``RPP''), the Office of Copyright Records (``CR''), and the
Licensing Section (``LS'').
\21\ FRD distributed this additional survey to employees in the
Office of the General Counsel and the Office of Policy and
International Affairs.
\22\ FRD Report app. II at 36-37.
\23\ Id. at 41.
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Using this data, FRD developed an original model for estimating the
costs of the Office's fee-based services according to government-
identified best practices.\24\ The model incorporates both the direct
and indirect costs of providing each service. Direct costs vary
depending on service volume and are largely attributed to the paid time
of the primary employee providing the service, calculated using 2025
General Schedule salary rates.\25\ Indirect costs are fixed personnel
and non-personnel costs that are required to operate the Office and
support providing the service but are not directly attributable to the
service.\26\ Non-personnel indirect costs include the costs of IT
infrastructure and modernization, office equipment, travel, and
contract services.\27\ Personnel indirect costs can include employees'
paid time when not directly providing the service (e.g., training,
meetings, or leave) and the paid time of employees who support or
oversee the fee-based service.\28\ Indirect costs are allocated
proportionally based on service volume and time spent providing the
service.\29\ To measure annual service volume, FRD calculated the
average volume between fiscal years 2020 and 2024, when available.\30\
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\24\ Id. at 8 (noting guidance from the Federal Accounting
Standards Advisory Board, the U.S. Government Accountability Office,
and the Office of Management and Budget).
\25\ Id. at 6, 12. Where applicable, direct costs also include
the cost of receiving and sending physical materials related to
registration and recordation services. Id. at 9.
\26\ Id. at 7-8.
\27\ Id. at 8-9, 16. IT modernization costs are allocated only
to RPP and CR services. FRD did not allocate additional IT
modernization costs to LS because the section spends its own
separate budget for those costs. Id. at 16.
\28\ Id. at 9, 14. The model incorporates three pools of
indirect costs for RPP, CR, and LS and one overarching pool of
indirect costs representing general overhead. Id. at 9.
\29\ Id. at 7.
\30\ Id. app. II at 39.
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Across the Office, FRD estimated $15.6 million in annual direct
costs and $81.8 million in annual indirect costs for its fee-based
services.\31\ This estimate accounts for $14,052,125 in direct costs
and $16,565,171 in indirect costs for registration services; $1,316,863
in direct costs and $6,242,077 in indirect costs for copyright records
services; $201,078 in direct costs and $943,583 in indirect costs for
the Licensing Section's record request and filing services; and
$48,097,279 in overhead operating expenses.\32\
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\31\ Id. at 1.
\32\ Id. at 32.
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In addition to estimating the costs of the Office's fee-based
services, FRD determined that the median Consumer Price Index
(``CPI''), a statistical measure of core inflation based on the median
price change of goods and services, has increased approximately 23%
since fees were last updated (between the years 2020 and 2025).\33\ FRD
further provided a conservative estimate of the projected year-over-
year inflation at 3% for 2026 through 2030.
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\33\ See id. app. II at 39; CPI Inflation Calculator, U.S.
Bureau of Lab. Statistics, <a href="https://www.bls.gov/data/inflation_calculator.htm">https://www.bls.gov/data/inflation_calculator.htm</a> (last visited Mar. 6, 2026).
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B. Further Methodology and Adjustments
The Office's fees are set to recoup a reasonable portion of costs
while encouraging participation in the copyright system and maintaining
a robust and accurate system of copyright records. When considering
adjustments to the fee structure, in addition to cost considerations
and inflation adjustments,\34\ the Office must give ``due consideration
to the objectives of the copyright system,'' \35\ which include
``encourag[ing] the production of original literary, artistic, and
musical expression for the good of the public.'' \36\ Thus, setting
fees involves considering at least two factors.
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\34\ 17 U.S.C. 708(b)(1)-(2).
\35\ Id. at 708(b)(4).
\36\ Fogerty v. Fantasy, Inc., 510 U.S. 517, 524 (1994); see
also U.S. Copyright Office, 2022-2026 Strategic Plan: Fostering
Creativity and Enriching Culture (2022) (``Strategic Plan 2022''),
<a href="https://www.copyright.gov/reports/strategic-plan/USCO-strategic2022-2026.pdf">https://www.copyright.gov/reports/strategic-plan/USCO-strategic2022-2026.pdf</a> (``The Office's core services of registration, recordation,
and statutory licensing play an important role in expanding culture
and knowledge, supporting the ability to protect and exploit
creative works while facilitating their dissemination through
licensing and other lawful uses, here and abroad.'').
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First, the Office's services help maintain the value and vitality
of the copyright system. Copyright transactions are a substantial and
economically significant portion of the nation's gross domestic
product.\37\
[[Page 13532]]
Participation in the voluntary copyright registration and recordation
systems furthers important national objectives.\38\ While registration
is voluntary, it is often indispensable for authors who wish to protect
their rights in the works they create. A registration certificate made
before or within five years of publication constitutes ``prima facie
evidence of the validity of the copyright and of the facts stated in
the certificate.'' \39\ A certificate or a refusal of registration is
required for a copyright owner of a U.S. work to bring an infringement
lawsuit in federal court.\40\ Moreover, registration must be made in a
timely manner to allow a copyright owner to seek statutory damages or
attorneys' fees.\41\ Enabling authors and their assignees to
efficiently register their works is therefore vital to meaningful
judicial remedies and securing the value of copyrights.
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\37\ According to one report, in 2023, core copyright industries
added more than $2 trillion to the U.S. gross domestic product, or
7.66% of the U.S. economy. Int'l Intell. Prop. All., Copyright
Industries in the U.S. Economy: The 2024 Report 1 (2024), <a href="https://www.iipa.org/files/uploads/2025/02/IIPA-Copyright-Industries-in-the-U.S.-Economy-Report-2024_ONLINE_FINAL.pdf">https://www.iipa.org/files/uploads/2025/02/IIPA-Copyright-Industries-in-the-U.S.-Economy-Report-2024_ONLINE_FINAL.pdf</a>. Core copyright industries
also employed almost 11.6 million workers, who were paid an average
of 50% more than the average U.S. annual wage. Id. According to
statistics released by the Bureau of Economic Analysis, the digital
economy is estimated to have accounted for 10% of the U.S. gross
domestic product, or $2.6 trillion, in 2022. U.S. Bureau of Econ.
Analysis, Measuring the Digital Economy (Dec. 6, 2023), <a href="https://apps.bea.gov/scb/infographics/2024/0224-scb-infographic-digital-economy.pdf">https://apps.bea.gov/scb/infographics/2024/0224-scb-infographic-digital-economy.pdf</a>.
\38\ See generally Letter from Karyn A. Temple, Register of
Copyrights & Dir., U.S. Copyright Office, to Thom Tillis, Chairman,
S. Comm. on the Judiciary, Subcomm. on Intell. Prop., and
Christopher A. Coons, Ranking Member, S. Comm. on the Judiciary,
Subcomm. on Intell. Prop., Explanation of U.S. Copyright Office
Registration Processes and Challenges, at 3-6 (May 31, 2019) (noting
that registration, augmented by recordation, provides the public
with authoritative information about millions of vetted copyright
claims, promotes judicial efficiency in infringement actions, and
assists the Library of Congress in growing its collections).
\39\ 17 U.S.C. 410(c).
\40\ Id. at 411(a). A purported copyright owner can still bring
suit in federal court if the Copyright Office refuses registration,
but the refusal must be issued before the claim is filed. See Fourth
Estate Pub. Ben. Corp. v. <a href="http://Wall-Street.com">Wall-Street.com</a>, LLC, 586 U.S. 296, 308
(2019).
\41\ 17 U.S.C. 412.
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In addition, the Office's maintenance of a public database of
copyright ownership serves the general public--users of copyrighted
materials as well as copyright owners. A robust public record of
copyright ownership and copyright status facilitates efficient
marketplace transactions (and the corresponding dissemination of
copyrighted works) and encourages development of innovative business
models that rely on accurate information about the legal status of
copyrighted works.
Copyright registration also provides significant benefits to the
Library of Congress, which maintains an unparalleled collection of
materials for the use of Congress and the American public. Through the
copyright system, the Library receives books, motion pictures, sound
recordings, and other works that build its collection.\42\ In fiscal
year 2024 alone, the value of the materials that the Office provided to
the Library was estimated at approximately $57.3 million.\43\ Copyright
thus plays a pivotal role in fostering and preserving knowledge, ideas,
and cultural identity for future generations.
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\42\ Through copyright registration and the mandatory deposit
provision of the copyright law, the Copyright Office acquires
published copyrighted works that the Library of Congress can select
for its collections. See id. at 407-408.
\43\ U.S. Copyright Office, Fiscal 2024 Annual Report 5 (2025),
<a href="https://copyright.gov/reports/annual/2024/ar2024.pdf">https://copyright.gov/reports/annual/2024/ar2024.pdf</a>.
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Second, the Office is guided by the statutory goal of cost
recovery, and seeks to optimize its revenue without lessening
participation in the national copyright system. Use of the Office's
primary services--including copyright registration and recordation--is
mostly voluntary; if fees were set at the significantly higher levels
needed for total cost recovery, that could result in a substantial
decrease in the use of those services to the detriment of the public.
Demand for the services varies depending on prices--if fees are set too
high, potential users (including many non-profit or non-corporate
users) may reduce their participation.
At the same time, the Office must bring in sufficient revenues to
cover its expenses. From at least 2009 to 2018, the Office recovered
approximately 60% of its actual expenses from fees,\44\ and Congress
appropriated the remainder. In recent years, however, the percentage of
actual costs recovered from fees has decreased sharply; in fiscal year
2024, the Office recovered only 41% of its actual expenses from fees.
In addition to inflation, several factors contribute to this
precipitous decline. While budget activities, like labor and
modernization, are generally appropriated by Congress, their costs
often end up exceeding the appropriated amounts. In recent budget
years, there have been significant gaps between the funding provided
for salaries via continuing resolution and the amounts needed to
implement mandatory federal pay raises. Thus, the Office must absorb
these costs within its preexisting budget. Moreover, since 2019, with
the support of Congress, the Office has dedicated substantial resources
to modernizing its information technology. Congress has directed the
Office to spend ``not less than'' certain appropriated amounts on
``modernization initiatives,'' \45\ but we must supplement those
amounts to keep pace with our timeline for ECS planning and development
and to account for the increased costs of IT services as well as
inflation.
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\44\ In the study of the Office's costs for the last fee
adjustment, the external consultant likewise recommended that the
Office target a 60% cost recovery from fees. Booz Allen Hamilton,
2017 Fee Study Report 2 (2017), <a href="https://www.copyright.gov/rulemaking/feestudy2018/fee_study_report.pdf">https://www.copyright.gov/rulemaking/feestudy2018/fee_study_report.pdf</a>.
\45\ See Continuing Appropriations, Agriculture, Legislative
Branch, Military Construction and Veterans Affairs, and Extensions
Act, 2026, Public Law 119-37, 139 Stat. 578 (2025).
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In addition to overseeing the national copyright registration and
recordation systems, the Office continues to perform its statutory
functions by advising Congress on copyright policy and legislation;
working with the courts, the Department of Justice, and other federal
agencies on copyright litigation and international matters; conducting
administrative and regulatory activity as required to administer the
Copyright Act; educating the public about copyright; and improving its
public-facing applications and enhanced services. The Office does so
with the support of a modest budget,\46\ and if we do not continue to
recover a sufficient portion of our actual expenses through fees, will
have no choice but to request additional appropriations from Congress.
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\46\ See generally Continuing Appropriations, Agriculture,
Legislative Branch, Military Construction and Veterans Affairs, and
Extensions Act, 2026, Public Law 119-37, 139 Stat. 578 (2025).
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III. The Office's Schedule of Proposed Fees
After evaluating FRD's cost study and considering the objectives of
the Copyright Act,\47\ policy goals, and overall fairness, as well as
general guidance from the Government Accountability Office \48\ and the
Office of Management and Budget,\49\ the Office proposes adjustments to
our fee schedule. The Office analyzed potential changes to fees under
section 708(a)(1)-(9) to ensure they remain ``fair and equitable and
give due consideration to the objectives of the copyright system,'' as
required by the statute. The proposed fee schedule ensures that the
Office continues to be a prudent fiduciary of public funds while
supporting the
[[Page 13533]]
policy goals of promoting creativity and enabling the effective
exercise of rights.
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\47\ See 17 U.S.C. 708(b)(4) (requiring that fees for services
specified in paragraphs (1)-(9) of subsection (a) ``be fair and
equitable and give due consideration to the objectives of the
copyright system'').
\48\ See U.S. Gov't Accountability Office, Federal User Fees: A
Design Guide (May 2008), <a href="http://www.gao.gov/assets/210/203357.pdf">http://www.gao.gov/assets/210/203357.pdf</a>.
\49\ Office of Mgmt. and Budget, Circular No. A-25 (2017),
<a href="https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf">https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf</a>.
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Overall, the Office has determined that fees should be raised an
average of 43% to account for increases in the cost of providing
services. This reflects both historic inflation since the last fee
study and anticipated inflation over the next three years. When looking
at the cost data on which the last fee adjustment was based--dating
back to as early as fiscal year 2016--the median CPI increased
approximately 33%.\50\ Going forward, year-over-year inflation is
projected at 3% for 2026 through 2030, approximating 10% over the next
three years.\51\
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\50\ CPI Inflation Calculator, U.S. Bureau of Lab. Statistics,
<a href="https://www.bls.gov/data/inflation_calculator.htm">https://www.bls.gov/data/inflation_calculator.htm</a> (last visited Mar.
6, 2026). As noted earlier, the median CPI increased approximately
23% since the fee adjustment based on those costs went into effect
in 2020. Id.
\51\ Id.
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In preparing this proposal, the Office first considered inflation,
and adjusted each fee ``to account for any estimated increase in
costs.'' \52\ We then determined the appropriate portion of costs to
recover through each fee, based on its expected impact to the copyright
system. For example, we generally apportioned more cost recovery to
services that are primarily used by corporate organizations, and less
to services used by individual creators.\53\ Next, the Office
categorized analogous services together (e.g., group registration
options) and set the same fee for each of them, where appropriate. For
some services, amounts were further adjusted to incentivize or
disincentivize their use. Finally, we reviewed each adjustment to
assess its impact on projected revenue. Where significant cost-based
increases would not result in additional projected revenue due to low
service volume, we proposed only slight increases.
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\52\ 17 U.S.C. 708(b)(2).
\53\ In the tables below, the Office provides the actual costs
associated with each fee.
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The Office estimates that revenues generated by these proposed fees
would be roughly $51 million per year over the next five years
(compared to the current schedule's projected $41 million per year),
and would achieve approximately 53% projected cost recovery during the
first year of implementation. While the proposed increase in fees may
reduce service volume, at least temporarily, the decrease should be
offset by a more consistent long-term level of cost recovery.
The Office seeks public comments on the proposed fee changes and
will consider these comments as we finalize the fee schedule for
submission to Congress.
A. Registration, Recordation, and Related Services
1. Basic and Group Registrations
i. Basic Registrations
Section 708(a)(1) requires the payment of fees ``on filing each
application under section 408 for registration of a copyright claim or
for a supplementary registration, including the issuance of a
certificate of registration if registration is made.'' \54\ While basic
registration applications produce the highest volume of all the
Office's fee-generating services, processing these claims also
represents our largest cost center, accounting for approximately 30% of
total expenditures.\55\ Currently, the average cost recovery for Single
and Standard applications stands at approximately 37% and 47%,
respectively. These figures are well below the Office's historical cost
recovery of 60% for most services.
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\54\ 17 U.S.C. 708(a)(1).
\55\ FRD Report at 1-2.
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The Office proposes increasing fees for Standard Applications and
those submitted on paper, to begin to narrow the gap between their
costs and fees. As to Standard Applications, we propose raising the fee
primarily to account for the rising cost of goods and services due to
inflation. The Office is currently recovering only 47% of its cost in
processing claims submitted on the Standard Application.\56\ We are
proposing to increase this fee from $65 to $85--below the historical
and projected inflation rate (43%) set forth above--to increase the
cost recovery from 47% to an average 62% in the first year of the new
fee term. The cost recovery for each subsequent year will be lower to
the extent that the Office's costs continue to rise.
---------------------------------------------------------------------------
\56\ At the time of the last adjustment in 2020, the Office
estimated a 69% cost recovery for the fee set for the Standard
Application. U.S. Copyright Office, Proposed Schedule and Analysis
of Copyright Fees to Go into Effect in Spring 2020 at 24 (2019),
<a href="https://www.copyright.gov/rulemaking/feestudy2018/proposed-fee-schedule">https://www.copyright.gov/rulemaking/feestudy2018/proposed-fee-schedule</a>.
---------------------------------------------------------------------------
As to paper applications, the Office charges higher fees than for
electronic applications, given the substantially higher costs of
processing paper applications, and to incentivize use of the electronic
system. We now propose to raise the fee for paper applications from
$125 to $185, which is slightly above historical and projected
inflation rate, but approximates the actual cost of this service. The
Office has concluded that these proposed fees are ``fair and equitable,
and give due consideration to the objectives of the copyright system.''
\57\
---------------------------------------------------------------------------
\57\ 17 U.S.C. 708(b)(4).
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The Office also proposes eliminating the Single Application
registration option.\58\ Established via interim rule in 2013, the
Single Application was introduced in response to a prior fee study.\59\
It was intended to provide a lower cost option for registering simple
claims involving one work by a single author who is the sole owner of
all rights in the work. It cannot be used for claims involving multiple
authors, different copyright owners, or complex forms of
authorship.\60\
---------------------------------------------------------------------------
\58\ If implemented, the Office would retire Circular 11 and
remove the relevant sections of the Compendium that discuss the
Single Application. Any draft Single Application that was previously
created and saved in the electronic registration system would be
permanently discarded.
\59\ In 2012 the Office proposed to increase the fee for
submitting an application through the electronic registration
system--the first such increase since the system was introduced. 77
FR 3506 (Jan. 24, 2012); 77 FR 18743 (Mar. 28, 2012) (proposing to
increase the fee for filing an electronic registration application
from $35 to $65). The Office also proposed to create a new
application with a lower filing fee which could be used to register
one work by a single author. The Single Application was made
available to the public in June 2013, and the filing fee for this
service was set at $35.78 FR 38843, 38845 (June 28, 2013); 79 FR
15910 (Mar. 24, 2014).
\60\ For example, the Single Application cannot be used to
register works made for hire or works that contain material that was
not created by the author named in the application. 37 CFR
202.3(b)(2)(i)(B)(1), (3).
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While the Single Application was intended to be a streamlined
option, it has proven to be inefficient for both applicants and the
Office. The Single Application results in the highest percentage of
refusals among all types of registration applications,\61\ as
applicants routinely use it to submit works that do not fit its
criteria.\62\ The bulk of these refusals are on procedural grounds,
regardless of whether the works themselves are copyrightable.
Applicants seeking to remedy this type of error may resubmit their
claims using a different registration application type, but in doing so
they will incur additional fees.\63\ The prevalence of
[[Page 13534]]
unqualified submissions results in an examination process that is not
simpler than the Standard Application, but more cost- and resource-
intensive. The average cost recovery for the Single Application is
approximately 10% less than the average cost recovery for the Standard
Application, representing a significant subsidy.
---------------------------------------------------------------------------
\61\ This issue has persisted despite efforts to refine the
application and clarify the eligibility requirements. See 83 FR 5227
(Feb. 6, 2018) (detailing past effort to enhance Single Application
in 2017 and proposing additional enhancements); 83 FR 66627 (Dec.
27, 2018) (final rule implementing proposed enhancements).
\62\ In a few cases, the Office did not discover these defects
until after the claim was approved, and as a result, the
registration was cancelled. See, e.g., VA0002207506, VA0002207503,
VA0002207504 (cancelled because works made for hire cannot be
registered with the Single Application).
\63\ For instance, an applicant that initially submits a Single
Application but, after refusal, resubmits the same claim on the
Standard Application would pay a total of $110 under the current fee
schedule: $45 for erroneously submitting the work on the Single
Application plus $65 to resubmit the work on the Standard
Application.
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Over time, the Office has seen a consistent decrease in the use of
the Single Application. It accounted for only 6% of the basic claims
received between 2021 and 2024, and the number received has decreased
year-over-year by about 24%.\64\ At the same time, the Office has
created more cost-effective options to benefit individual creators and
small businesses, permitting the registration of groups of works for a
single filing fee. We currently offer options to register most
classifications of groups of unpublished and published works; and, as
discussed below, we are taking steps to explore other alternative fee
structures. Eliminating the Single Application will allow us to more
efficiently process the more widely-used registration options.
---------------------------------------------------------------------------
\64\ By contrast, the number of basic claims submitted on the
Standard Application remained stable.
---------------------------------------------------------------------------
Based on these considerations, the Office proposes the following
increases to the fees for basic registration applications, to be
codified in 37 CFR 201.3(c).
----------------------------------------------------------------------------------------------------------------
Current fees Calculated cost of service
Basic registrations ($) Proposed fees ($) ($)
----------------------------------------------------------------------------------------------------------------
Registration of a claim in an original
work of authorship:
Standard Application (electronic 65 85........................ Varied.\65\
only).
Single Application (electronic only) 45 Eliminate................. Varied.\66\
Paper Application................... 125 185....................... Varied.\67\
----------------------------------------------------------------------------------------------------------------
ii. Group Registrations
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\65\ Average cost with physical deposit is $151.76. Average cost
with electronic deposit is $124.38.
\66\ Average cost with physical deposit is $139.04. Average cost
with electronic deposit is $111.59.
\67\ Average cost with physical deposit is $182.93.
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Each basic registration application is limited to a single work of
authorship, with some exceptions. Under the Copyright Act, however, the
Register of Copyrights may allow groups of related works to be
registered with one application and one filing fee--a procedure known
as ``group registration.'' \68\ These fees are also authorized by 17
U.S.C. 708(a)(1).
---------------------------------------------------------------------------
\68\ See 17 U.S.C. 408(c)(1).
---------------------------------------------------------------------------
In response to stakeholder interest, the Office has expanded the
availability of group registration options. As the data above suggests,
however, processing group registrations is often costly due to the
amount of time required for examination of between 10 and 750 works of
various classes and categories. The Office's current cost recovery for
most categories of group applications remains modest, in one category
as low as approximately 5%. The effect of the high processing cost is
compounded by the fact that group registrations are the second highest
volume of services provided by the Office. Thus, to achieve a better
cost recovery, we propose raising the fee for group registration
options from $85 to $130,\69\ with the exceptions described below.
---------------------------------------------------------------------------
\69\ Though this increase is slightly above the historical and
projected inflation rate described above, the cost recovery for most
options would remain under 60%.
---------------------------------------------------------------------------
First, the Office proposes more substantial fee increases for the
group options to register photographic and non-photographic databases,
and updates to news websites. Because these options primarily serve
corporate applicants, we are allocating a greater portion of costs to
these fees. Due to the relative inelasticity of the demand, the Office
anticipates that the additional revenue from these fees can subsidize
group registrations used primarily by individuals, for which greater
cost recovery is impracticable. This is consistent with the Register's
discretionary authority to use fee revenue to offset lower fees for
other services to further ``the objectives of the copyright system,''
\70\ as discussed above.
---------------------------------------------------------------------------
\70\ 17 U.S.C. 708(b)(4).
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Second, the Office proposes more modest fee increases for
registering groups of published and unpublished photographs.
Photographers typically produce a large number of works \71\ and have
cited cost as an obstacle to registering them.\72\ In recognition of
these challenges, the group registration options for photographers are
currently heavily subsidized to result in a fee as little as $0.07 per
photograph if the applicant registers the maximum number of photographs
(i.e., 750).\73\ The Office proposes raising the fee for these services
from $55 to $85, which would be the same as the proposed fee for
registering one work with the Standard Application. This works out to
as little as $0.11 per photograph if the applicant submits the maximum
number of photographs permitted \74\ and is only slightly above the
historical and projected inflation rate. These fees would achieve
greater cost recovery while maintaining low levels on a per-work basis.
---------------------------------------------------------------------------
\71\ U.S. Copyright Office, Copyright and Visual Works: The
Legal Landscape of Opportunities and Challenges 3 (2019), <a href="https://www.copyright.gov/policy/visualworks/senate-letter.pdf">https://www.copyright.gov/policy/visualworks/senate-letter.pdf</a> (noting that
``photographers might take over one thousand photographs in a single
session'').
\72\ See Coalition of Visual Artists, Comments Submitted in
Response to U.S. Copyright Office's Dec. 10, 2021, Deferred
Registration Examination Study NOI at 6, 10 (Jan. 24, 2022);
Copyright Alliance, Comments Submitted in Response to U.S. Copyright
Office's Dec. 10, 2021, Deferred Registration Examination Study NOI
at 31-32 (Jan. 24, 2022); Shaftel & Schmelzer, Comments Submitted in
Response to U.S. Copyright Office's Dec. 10, 2021, Deferred
Registration Examination Study NOI at 12-13 (Jan. 22, 2022).
\73\ This fee has not changed since 2014. 79 FR 15910 (Mar. 24,
2014).
\74\ As discussed above, applicants are currently able to submit
up to 750 photos with each group registration application. The
Office intends to increase this limit substantially when the new ECS
registration system is made available to the public. See Copyright
Public Modernization Committee Meeting (Oct. 10, 2024) (statement of
Robert Kasunic, Dir., Office of Registration Policy & Practice
(explaining that the new system is capable of receiving ``between
1500 and 2000 files'' and confirming that the Office ``definitely .
. . anticipate[s] raising the number [of photos permitted on a group
registration application], which would effectively lower the
cost'')).
---------------------------------------------------------------------------
The Office proposes the following schedule of fees, to be codified
in 37 CFR 201.3(c).
[[Page 13535]]
----------------------------------------------------------------------------------------------------------------
Current fees Proposed fees Calculated cost of service ($)
Group registrations ($) ($) \75\
----------------------------------------------------------------------------------------------------------------
Group registration of contributions to 85 130 1,821.29.
periodicals (published within a 12-month
period).
Group registration of updates and revisions 500 700 506.58.
to non-photographic databases (published
within three calendar months within the same
year).
Group registration of unpublished photographs 55 85 150.77.\76\
(up to 750 unpublished photographs).
Group registration of published photographs 55 85 105.52.\77\
(up to 750 published photographs).
Group registration of updates and revisions 250 700 577.65.
to photographic databases (published within
three calendar months within the same year).
Group registration of serials, per issue, 35 50 65.84.
with a minimum of 2 issues (published within
three calendar months within the same year).
Group registration of newspapers/newsletters 95 130 Varied.\78\
(published within the same calendar month).
Group registration of works on an album (up 65 130 Varied.\79\
to 20 musical works or up to 20 sound
recordings).
Group registration of two-dimensional artwork 85 130 N/A.
(up to 20 published works).
Group registration of unpublished works (up 85 130 201.89.
to 10 unpublished works).
Group registration of short online literary 65 130 654.37
works (up to 50 works published with three
calendar months).
Group registration of updates to a news 95 350 516.94
website (published within the same calendar
month).
----------------------------------------------------------------------------------------------------------------
iii. Separate Subject of Inquiry: Alternative Fee Structures for
Registration
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\75\ For costs marked ``N/A,'' there was insufficient volume to
calculate costs. To determine proposed adjustment, the Office
studied analogous service costs.
\76\ This is the average cost with an electronic deposit. The
average cost with physical deposit is $177.84.
\77\ This is the average cost with an electronic deposit. The
average cost with physical deposit is $132.59.
\78\ Total cost for group registration of newspapers is $691.56.
Total cost for group registration of newsletters is $653.65.
\79\ Total cost with physical deposit is $245.97. Total cost
with electronic deposit is $218.90.
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Over the years, some stakeholders have urged the Office to adopt a
number of alternative fee structures.\80\ These could include, for
instance, tiered fees (with a base fee for registering an individual
work and an incrementally higher fee for each additional work) or a
flat rate that would allow creators to register a specific number of
works over a designated period of time.
---------------------------------------------------------------------------
\80\ For stakeholders' public comments in response to past
notices of inquiry and proposed rulemakings, see, e.g., Coalition of
Visual Artists, Comments Submitted in Response to U.S. Copyright
Office's Dec. 10, 2021, Deferred Registration Examination Study NOI
at 21 (Jan. 24, 2022); Shaftel & Schmelzer, Comments Submitted in
Response to U.S. Copyright Office's Dec. 10, 2021, Deferred
Registration Examination Study NOI at 21-23; Shaftel & Schmelzer,
Comments Submitted in Response to U.S. Copyright Office's Oct. 17,
2018, Registration Modernization NOI at 8 (Jan. 11, 2019); Coalition
of Visual Artists, Comments in Response to U.S. Copyright Office's
Dec. 1, 2016, Group Registration of Photographs NPRM at 17 (Jan. 30,
2017); Graphic Artists Guild, Comments in Response to U.S. Copyright
Office's Apr. 24, 2015, Copyright Protection for Certain Visual
Works NOI at 9 (July 20, 2015); Graphic Artists Guild, Comments in
Response U.S. Copyright Office's Mar. 28, 2012, 2014 Fee Study NPRM
at 5 (May 14, 2012).
---------------------------------------------------------------------------
The Office is committed to ensuring that our fee structures do not
impose undue barriers to access our services, but consideration of
these alternatives depends on both economic and technological
feasibility. The current eCO system cannot practically be adapted to
alternative fee structures, even if such alternatives are otherwise
determined to be viable. But the Office is far along in a multi-year
modernization initiative, the ECS, which will include a ``redesigned
and easier to use registration system.'' \81\ The ECS registration
component will be considerably more flexible technologically and able
to accommodate more alternatives.
---------------------------------------------------------------------------
\81\ See Strategic Plan 2022 at 7.
---------------------------------------------------------------------------
To inform and prepare for the consideration of alternative fee
structures, the Office will be issuing a separate notice of inquiry to
obtain public comment on their potential operation and economic
viability, including whether and how they could minimize or eliminate
barriers to wider participation in the registration system.
Stakeholders are encouraged to submit their comments regarding
alternative fee structures in response to the notice of inquiry in that
separate proceeding.
2. Other Registration Services
The Office provides other less commonly used registration and
related services, as authorized by various provisions of the Copyright
Act.
Several of these are low-volume services with a high cost per
transaction, reflecting their time-consuming nature. The Office
proposes raising such fees above the historical and projected inflation
rates to achieve a higher cost recovery. For example, the cost per
transaction for preregistration of certain unpublished works is about
$794, and we propose increasing the fee for this service from $200 to
$320. We propose relatively small fee increases for renewal and
restored copyright registration services, from $125 to $165 and $100 to
$165 respectively.
The Office also proposes increases to recover more than the
estimated cost per transaction for certain services for which demand is
relatively inelastic because they are either compulsory or in strong
demand among certain customer segments, and typically serve corporate
organizations. For example, the costs per transaction for vessel design
and mask work registrations are about $261 and $217 respectively, and
the Office proposes increasing each fee to $650. Unlike copyright
registration, which is voluntary, registration is a mandatory condition
for securing legal protection in a vessel design or a mask work.\82\
Similarly, the cost per transaction for the special handling
surcharge,\83\ which expedites the examination of claims in
circumstances such as pending litigation, is about $659. The Office
proposes increasing this fee from $800 to $1,100. Although special
handling is optional, the demand for expedited examination is
relatively inelastic when a certificate is needed for federal
litigation. Collecting these higher fees would allow for greater
overall cost recovery and help offset the cost of other registration
services used by small organizations or individual creators for which
full cost recovery is impracticable.
---------------------------------------------------------------------------
\82\ 17 U.S.C. 1310(a).
\83\ Special handling fees are charged in addition to the
otherwise applicable processing fees.
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[[Page 13536]]
The Office proposes setting the fees for supplementary applications
at the same level as the fee for basic applications. Specifically, we
propose decreasing the fee from $100 to $85 for most supplementary
registrations, to match the proposed fee for the Standard Application.
Likewise, we propose increasing the paper supplementary registration
form fee to $185, to match the fee proposed for the paper application
for basic registration. These changes are intended to disincentivize
applicants from submitting a duplicate registration application to
correct or amplify the information on a prior registration. In such
cases, submitting a supplementary registration is advisable (rather
than seeking a new basic registration) because the supplementary will
be cross-referenced in the basic registration and vice versa.
Finally, the Office proposes increasing the fees for registration
appeals. Applicants have two opportunities to appeal the denial of a
registration claim within the Copyright Office. At both stages, the
intensive legal analysis necessary to process these requests is
considerably more costly than current fees reflect. Costs associated
with review of a first appeal by the attorneys in the Office of
Registration Policy and Practice are $3,244. To offset a portion of
this cost, we propose raising the fee for this service from $350 to
$535 per claim. The second request for an appeal involves substantial
work by senior attorneys, including the Register of Copyrights, the
General Counsel and Associate Register of Copyrights, or their
respective designees, resulting in a cost to the Office of $9,471 per
appeal.\84\ We propose raising the fee for a second appeal from $700 to
$1,200 per claim--still a small percentage of the actual cost.
---------------------------------------------------------------------------
\84\ See 37 CFR 202.5(f).
---------------------------------------------------------------------------
The Office proposes the following schedule of fees for such
services, to be codified in 37 CFR 201.3(c) and (d).
---------------------------------------------------------------------------
\85\ For costs marked ``N/A,'' there was insufficient volume to
calculate costs. To determine proposed adjustment, the Office
studied analogous service costs.
\86\ For costs marked ``N/A,'' there was insufficient volume to
calculate costs. To determine proposed adjustment, the Office
studied analogous service costs.
----------------------------------------------------------------------------------------------------------------
Calculated cost
Other registration services Current fees Proposed fees of service ($)
($) ($) \85\
----------------------------------------------------------------------------------------------------------------
Renewal registration:
Form RE................................................. 125 165 1,537.49
Addendum to Form RE..................................... 100 135 1,163.24
Registration of a claim in a restored copyright (Form GATT). 100 165 520.14
Preregistration of certain unpublished works................ 200 320 793.60
Correction or Amplification:
Supplementary registration.
Electronic filing........................................... 100 85 402.77
Paper filing (Form CA).............................. 150 185 384.39
Correction of design registration (Form DC) 100 185 332.72
Registration of mask work (Form MW)......................... 150 650 217.45
Registration of vessel designs (Form D-VH).................. 500 650 260.57
Provision of an additional certificate of registration...... 55 80 N/A
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Calculated cost
Special services Current fees Proposed fees of service ($)
($) ($) \86\
----------------------------------------------------------------------------------------------------------------
Request for reconsideration (per claim):
First appeal............................................ 350 535 3,244.13
Second appeal........................................... 700 1,200 9,471.04
Secure test examination fee (per staff member, per hour).... 250 375 84.55
Special handling surcharge for registration:
Expedited processing of application..................... 800 1,100 658.74
Fee for each non-expedited claim using the same deposit. 50 60 N/A
Small claims expedited registration fee per registration 50 55 N/A
application request........................................
Full term retention of published registration deposit:
Physical deposit........................................ 540 640 N/A
Electronic deposit...................................... 220 320 N/A
Voluntary cancellation of registration...................... 150 320 323.61
Matching unidentified deposit to deposit ticket claim (per 40 50 N/A
half hour).................................................
----------------------------------------------------------------------------------------------------------------
[[Page 13537]]
3. Recordation
Recordation is another major service for which the Office collects
fees.\87\ The Office records three primary types of documents:
transfers of copyright ownership, notices of termination, and other
documents pertaining to a copyright. Recordation creates a public
record of copyright ownership.
---------------------------------------------------------------------------
\87\ See 17 U.S.C. 708(a)(4), (6).
---------------------------------------------------------------------------
Approximately 90% of all recordations are now received
electronically through the Office's online recordation system. Some
recordation types cannot yet be handled electronically, however,
including notices of termination and documents related to pre-1972
sound recordings.\88\ Online recordation, where available, has
shortened processing times, but the cost of processing both paper and
electronic submissions still greatly outpaces the associated fees.
Staff review documents for completeness and accuracy, index documents
into the Office's public records, and may also correspond with a
remitter to clarify any inconsistencies. Costs include the processing
of incoming paper submissions by the Materials Control and Analysis
Division, as well as sending recordation certificates to remitters. To
achieve greater cost recovery, and in recognition that these services
are largely used by corporate entities, the Office recommends raising
the base recordation fee (for one work identified by one title or
registration number) above the historical and projected inflation rate,
from $95 to $215 for electronic submissions, and from $125 to $320 for
paper submissions. We propose a parallel increase from $95 to $215 to
the per-transfer fee for additional transfers, charged when a single
document involves multiple transfers or other transactions.
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\88\ The Office uses an online system for designating an agent
under 17 U.S.C. 512(c)(2) that is separate from the online
recordation system. DMCA Designated Agent Directory, U.S. Copyright
Office, <a href="https://www.copyright.gov/dmca-directory/">https://www.copyright.gov/dmca-directory/</a> (last visited Mar.
6, 2026).
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When recording a document, the Office must index information about
each of the copyrighted works to which the document pertains.\89\ When
the works associated with the document are submitted in paper form,
they must be manually typed into our database to be indexed, which
involves higher processing costs. The Office charges fees beyond the
base fee for works in a document beyond the first one (referred to as
``additional works and alternate identifiers'') to cover these
processing costs. We propose increasing the fees for additional works
submitted by paper from $60 to $215 per group of 10 or fewer additional
works and alternate identifiers.
---------------------------------------------------------------------------
\89\ See, e.g., 17 U.S.C. 205(c).
---------------------------------------------------------------------------
The Office also accepts electronic title lists for recordation
through a tiered pricing structure based on the number of works being
recorded. For the first four tiers, we propose increasing the fee from
$60 to $215 for 1 to 50 additional works and alternate identifiers;
from $225 to $300 for 51 to 500 additional works and alternate
identifiers; from $390 to $520 for 501 to 1,000 additional works and
alternate identifiers; and from $555 to $745 for 1,001 to 10,000
additional works and alternate identifiers. The proposed increases for
the three tiers covering 51 to 10,000 additional works remain below
historical and projected inflation.
For the fifth tier, the Office currently charges $5,500 for more
than 10,000 additional works and alternate identifiers. We propose
adjusting the fee structure for this fifth tier to $745 per group of
10,000 additional works and alternate identifiers. For this tier, only
remitters who submit more than 80,000 works will see their costs
increase; those who submit between 10,000 and 80,000 works will see a
cost reduction. This reduction for those who submit between 10,000 and
80,000 titles lightens the burden for this set of remitters, further
encouraging voluntary use of the online recordation system, while
better aligning fees to remitters with substantially larger numbers of
works. The increase for submissions of more than 80,000 works will
offset the additional storage and system costs of that high volume of
additional works.
The recordation program also administers services related to title
II of the Music Modernization Act for recording schedules of sound
recordings fixed before February 15, 1972.\90\ These services have high
provision costs but are generally low volume. To achieve a better cost
recovery, the Office proposes increasing the fee for the filing and
removal of schedules listing pre-1972 sound recordings from $75 to $160
for a single sound recording, with an increase from $10 to $80 for
schedules for additional sound recordings per group of 1 to 100 sound
recordings. The current cost recovery for this service is approximately
7.3%; the proposed new fee of $160 would increase the cost recovery to
15.6%.\91\ For submitting a notice of noncommercial use or a notice
opting out of a proposed noncommercial use, we propose raising the fee
from $50 to $160.
---------------------------------------------------------------------------
\90\ See 17 U.S.C. 1401.
\91\ FRD Report at 29.
---------------------------------------------------------------------------
The recordation program also administers services related to the
Digital Millennium Copyright Act.\92\ To qualify for some of the Act's
safe harbors, service providers must designate an agent to receive
notices of claimed copyright infringement. The cost of providing this
service ($741.02) is largely attributable to the amount of time needed
to review service providers' requests to make available a post office
box address in lieu of a street address. Although the cost far
outweighs the current fee, the Office proposes only a slight fee
increase from $6 to $25, to maintain accessibility for service
providers of all sizes.
---------------------------------------------------------------------------
\92\ See 17 U.S.C. 512.
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The Office proposes raising the special handling fee for the
expedited recordation of documents from $550 to $1,100.\93\ This
increase would make the fee consistent with the special handling fees
the Office proposes to charge for other expedited services. Given the
striking decrease in processing times in the online system, the Office
also expects a decrease in demand for expedited recordation.
---------------------------------------------------------------------------
\93\ As noted above, special handling fees are charged in
addition to the otherwise applicable processing fees.
---------------------------------------------------------------------------
Finally, the Office proposes increasing the fee for correcting
online public catalog data due to erroneous electronic title submission
from $7 to $10 per title, which reflects an inflationary increase.
The Office proposes the following fees for recordation services, to
be codified in 37 CFR 201.3(c) and (d).
[[Page 13538]]
----------------------------------------------------------------------------------------------------------------
Current fees Calculated cost of service
Recordation and related services ($) Proposed fees ($) ($) \94\
----------------------------------------------------------------------------------------------------------------
Recordation of a document, including a
notice of termination and a notice of
intention to enforce a restored
copyright:
Base fee (includes 1 work identified .............. .......................... Varied.\95\
by 1 title and/or registration
number).
Paper........................... 125 320....................... ..........................
Electronic...................... 95 215....................... ..........................
Additional transfer (per transfer) 95 215....................... Varied.\96\
(for documents recorded under 17
U.S.C. 205).
Additional works and alternate .............. .......................... ..........................
identifiers:
Paper (per group of 10 or fewer 60 215....................... 244.83.
additional works and alternate
identifiers).
Electronic:......................... .............. .......................... Varied.\97\
1 to 50 additional works and 60 215....................... ..........................
alternate identifiers.
51 to 500 additional works and 225 300....................... ..........................
alternate identifiers.
501 to 1,000 additional works 390 520....................... ..........................
and alternate identifiers.
1,001 to 10,000 additional works 555 745....................... ..........................
and alternate identifiers.
>10,000 additional works and \98\ 5,500 745 per additional group ..........................
alternate identifiers. of 10,000.
Correction of online Public Catalog 7 10........................ N/A.
data due to erroneous electronic
title submission (per title).
Designation of agent under 17 U.S.C. 6 25........................ 741.02
512(c)(2) to receive notification of
claimed infringement, or amendment or
resubmission of designation.
Schedule of pre-1972 sound recordings, 75 160....................... 1,027.22
or supplemental schedule of pre-1972
sound recordings (single sound
recording).
Additional sound recordings (per 10 80........................ 454.23
group of 1 to 100 sound recordings).
Removal of pre-1972 sound recording from 75 160....................... N/A
Office's database of indexed schedules
(single sound recording).
Notice of noncommercial use of pre-1972 50 160....................... 741.02
sound recording.
Opt-out notice of noncommercial use of 50 160....................... 741.02
pre-1972 sound recording.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Current fees Proposed fees Calculated cost of
Special services ($) ($) service ($)
----------------------------------------------------------------------------------------------------------------
Special handling fee for recordation of a document....... 550 1,100 Varied \99\
----------------------------------------------------------------------------------------------------------------
B. Record Retrieval, Search, and Certification Services
---------------------------------------------------------------------------
\94\ For costs marked ``N/A,'' there was insufficient volume to
calculate costs. To determine proposed adjustment, the Office
studied analogous service costs.
\95\ According to FRD, ``[t]he total costs of recording these
documents, incorporating direct and indirect costs, range from
$245.89 to $1,131.50.'' FRD Report at 28.
\96\ Average cost with electronic submission is $403.63. Average
cost with paper form is $432.58.
\97\ To allow simple comparison between titles provided on
electronic or paper title lists, FRD calculated the cost of
processing groups of ten additional titles. The total cost per group
of ten titles provided electronically is $88.31.
\98\ Under the current fee schedule, this tier covers 10,001 or
more additional works and alternate identifiers.
\99\ Average cost with electronic submission is $4,121.08.
Average cost with paper form is $4,150.03.
---------------------------------------------------------------------------
The Office's Records Research and Certification Division (``RRC'')
provides copies of completed and in-process registration and
recordation records, search reports, and registration deposit
materials.
The costs of providing RRC's services vary, depending on the
complexity of the request. Search and retrieval services can be time-
consuming and require specialized knowledge. The proposed fee schedule
reflects an increase slightly above historical and projected inflation,
while modestly addressing the cost-recovery shortfall. For instance,
the Office proposes raising the per-hour fee for certifying records,
preparing a search report, and retrieving records from $200 to $300.
Certification costs $1,166.49 to provide, and search and retrieval
activities cost $655.14.\100\ We also propose raising the fee for
creating a search or retrieval estimate from $200 to $300, to be
credited against the final search and retrieval fee. The creation of an
estimate itself is generally costly ($826.18), as it requires staff to
conduct a preliminary search of the Office's records.
---------------------------------------------------------------------------
\100\ The FRD Report does not separately distinguish retrieval
costs, instead assessing the cost of ``other search and retrieval
activities'' at $655.14.
---------------------------------------------------------------------------
For copying records, the Office proposes reverting to charging a
variable fee based on the type of media being copied.\101\ Currently,
the fee is approximately $12 for all media, while the cost to provide
this service is $485.41. The Office previously shifted to the current
media-neutral fee to simplify the fees for both the Office and the
public.\102\ Reverting to a media-dependent fee will better account for
the varying complexity of copying different media types. We propose
charging $20 for photocopies, $105 for copies of audiocassettes and
videocassettes, and $55 for copies of CDs, DVDs, and flash drives.
Service requests to copy formats unsupported by the Office and other
copying of materials by outside providers would be assessed the actual
cost of the provider.
---------------------------------------------------------------------------
\101\ See 79 FR 15910, 15917 (Mar. 24, 2014).
\102\ 85 FR 9374, 9384 (Feb. 19, 2020).
---------------------------------------------------------------------------
The Office also proposes raising the fee for litigation statements
from $100 to $320. Litigation statements are used to request copies of
copyright deposits for actual or prospective litigation, and the demand
for the service is relatively inelastic. The proposed increase would
help offset the cost of other services for which greater cost recovery
is unattainable. Finally, we propose raising the hourly fee for the
expedited processing of records retrieval, search, and certification
services from $500 to $1,100, which is consistent with the special
handling fees proposed for other expedited services.
[[Page 13539]]
The Office proposes the following fee schedule for records
retrieval, search, and certification services, to be codified at 37 CFR
201.3(c) and (d).\103\
---------------------------------------------------------------------------
\103\ The fees for retrieval, copying, and certification
services specific to the Copyright Claims Board are codified
separately and are not affected by this proposed fee schedule. See
37 CFR 201.3(g).
\104\ For costs marked ``N/A,'' there was insufficient volume to
calculate costs. To determine proposed adjustment, the Office
studied analogous service costs.
----------------------------------------------------------------------------------------------------------------
Calculated cost
Record retrieval, search, and certification services Current fees Proposed fees of service ($)
($) ($) \104\
----------------------------------------------------------------------------------------------------------------
Certification of other Copyright Office records, including 200 300 1,166.49
search reports (per hour)..................................
Search report prepared from official records other than 200 300 655.14
Licensing Section records (per hour, 2 hour minimum).......
Estimate of retrieval or search fee (credited to retrieval 200 300 826.18
or search fee).............................................
Retrieval of in-process or completed Copyright Office
records or other Copyright Office materials:
Retrieval of paper records (per hour, 1 hour minimum)... 200 300 N/A
Retrieval of digital records (per hour, half hour 200 300 N/A
minimum, quarter hour increments)......................
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Calculated cost
Record retrieval, search, and certification services Current fees Proposed fees of service ($)
($) ($) \105\
----------------------------------------------------------------------------------------------------------------
Copying of Copyright Office records by staff................ \106\ 12 ............... 485.41
Photocopy............................................... .............. 20 .................
Audiocassette........................................... .............. 105 .................
Videocassette........................................... .............. 105 .................
CD or DVD............................................... .............. 55 .................
Flash drive............................................. .............. 55 .................
Unsupported formats and other copying of materials by .............. Varied .................
outside providers, at cost of provider.................
Special handling fee for records retrieval, search, and 500 1,100 N/A
certification services (per hour, 1 hour minimum)..........
Litigation statement (Form LS).............................. 100 320 161.80
----------------------------------------------------------------------------------------------------------------
C. Miscellaneous Fees
---------------------------------------------------------------------------
\105\ For costs marked ``N/A,'' there was insufficient volume to
calculate costs. To determine proposed adjustment, the Office
studied analogous service costs.
\106\ This fee covers copying for all media types.
---------------------------------------------------------------------------
The Office administers several miscellaneous fees for the removal
of certain personally identifiable information (``PII'') from the
Office's online public catalog, services related to financial
accounting, and other peripheral services.
For the following fees, the Office had insufficient volume to
compute a transaction cost, and therefore recommends only small
increases: administration and processing service charges for deposit
account overdraft, dishonored deposit account replenishment check, and
uncollectible or non-collectible negotiable payment; and the
recordation of notices to libraries and archives under 17 U.S.C.
108(h). These increases are well below the historical and projected
inflation rate set forth above.
Considering labor and costs, the Office estimates that it costs
from $10 to $105 to deliver documents by fax and by Federal Express
mailing, respectively. Thus, we have proposed increases to provide
those services at cost and require payment in advance. Payments that
are greater than the service provider costs would be reimbursed to the
customer.
Finally, the Office proposes raising the fee for the
reconsideration of a denied request to remove certain PII from our
online public catalog. The proposed fee better reflects, but remains
well below, the cost of providing that service.
The Office proposes the following miscellaneous fees, as authorized
by 17 U.S.C. 708 and other provisions of the Copyright Act, to be
codified at 37 CFR 201.3(c) and (d).
----------------------------------------------------------------------------------------------------------------
Current fees Proposed fees Calculated cost
Related services ($) ($) of service ($)
----------------------------------------------------------------------------------------------------------------
Request to remove PII from online catalog:
Initial request......................................... 100 100 784.83
Reconsideration of denied request....................... 60 135 2,696.67
----------------------------------------------------------------------------------------------------------------
[[Page 13540]]
----------------------------------------------------------------------------------------------------------------
Calculated cost
Special services Current fees Proposed fees of service ($)
($) ($) \107\
----------------------------------------------------------------------------------------------------------------
Overdraft of deposit account................................ 285 305 N/A
Dishonored replenishment check for deposit account.......... 500 535 N/A
Uncollectable or nonnegotiable payment...................... 115 125 N/A
Notice to libraries and archives (17 U.S.C. 108(h))......... 50 55 N/A
Each additional title................................... 20 20 N/A
Service charge for Federal Express mailing.................. 45 105 N/A
Service charge for delivery of documents via fax............ 1 10 N/A
----------------------------------------------------------------------------------------------------------------
D. Licensing Section Fees
---------------------------------------------------------------------------
\107\ For costs marked ``N/A,'' there was insufficient volume to
calculate costs. To determine proposed adjustment, the Office
studied analogous service costs.
---------------------------------------------------------------------------
The Licensing Section administers certain statutory licenses and
related provisions and also provides services to the Copyright Royalty
Board, which oversees rate determinations and distributions for certain
statutory licenses.\108\
---------------------------------------------------------------------------
\108\ The Licensing Section administers aspects of statutory
licenses for secondary transmissions by cable systems (section 111),
and ephemeral recordings (section 112), as well as statutory
licenses for the public performance of sound recordings by means of
a digital audio transmission (section 114), making and distributing
phonorecords of nondramatic musical works (section 115), secondary
transmissions for satellite carriers (section 119), secondary
transmissions by satellite carriers for local retransmissions
(section 122), and the distribution of digital audio recording
devices and media (section 1003).
---------------------------------------------------------------------------
The Licensing Section collects fees for the filing of cable and
satellite statements of account, to recover some of the costs of
administering the cable and satellite licenses. It deducts its
operating costs from the royalty fees it collects, and invests any
remaining balance in interest-bearing securities with the U.S. Treasury
for later disbursement to copyright owners. Unlike other fees collected
by the Copyright Office, the revenue from filing fees under sections
111, 119, and 122 by statute may not exceed 50% of certain costs
associated with the administration of the relevant statutory
licenses.\109\
---------------------------------------------------------------------------
\109\ See 17 U.S.C. 708(a).
---------------------------------------------------------------------------
For all Licensing Section fees, the Office proposes small increases
to account for inflation. The proposed fees associated with section
111, 119, and 122 licenses will still remain, in the aggregate over the
next five-year period, below 50% of the Office's reasonable expenses in
administering them. Some degree of uncertainty is inherent in these
estimates, as the costs are calculated based on when the fees are
identified, not when the statements of account are submitted.
Additionally, the Office expects the volume of cable statements of
account to decrease over the course of the new fee term, as they have
done for a number of years.\110\ We have therefore proposed fees for
cable and satellite statements of account in a conservative manner, to
ensure that, over the five-year period, revenues remain within the 50%
threshold established by statute.
---------------------------------------------------------------------------
\110\ Cable system filings decreased by approximately 11%
between fiscal years 2023 and 2024; and satellite filings remain
low, with only six received from two filers in fiscal year 2024.
---------------------------------------------------------------------------
The Office proposes the following Licensing Section fees to be
codified at 37 CFR 201.3(e).
---------------------------------------------------------------------------
\111\ For costs marked ``N/A,'' there was insufficient volume to
calculate costs. To determine proposed adjustment, the Office
studied analogous service costs.
----------------------------------------------------------------------------------------------------------------
Calculated cost
Licensing Section services Current fees Proposed fees of service ($)
($) ($) \111\
----------------------------------------------------------------------------------------------------------------
Recordation of a notice of intention to make and distribute 75 100 443.91
phonorecords (17 U.S.C. 115)...............................
Additional titles (per group of 1 to 10 titles) (paper 20 25 N/A
filing)................................................
Additional titles (per group of 1 to 100 titles) 10 15 N/A
(electronic filing)....................................
Statement of account amendment for cable systems, satellite 50 70 414.10
systems, and digital audio recording device distributors...
Recordation of certain contracts by cable television 50 70 710.26
stations located outside the 48 contiguous states..........
Initial or amended notice of use of sound recordings (17 50 70 502.88
U.S.C. 112 and 114)........................................
Statement of account for cable systems (17 U.S.C. 111):
Form SA1................................................ 15 20 275.87
Form SA2................................................ 20 25 275.87
Form SA3................................................ 725 960 406.51
Statement of account for satellite systems (17 U.S.C. 119 or 725 960 252.59
122).......................................................
Search report prepared from Licensing Section records (per 200 300 710.26
hour, 2 hour minimum)......................................
----------------------------------------------------------------------------------------------------------------
E. Freedom of Information Act Requests
The Freedom of Information Act (``FOIA''), section 552 of title 5
of the United States Code, provides a statutory right of access to
federal agency records. FOIA establishes procedures by which a member
of the public may request records from a federal agency and the
parameters by which an agency must operate when responding. In addition
to requiring agencies to promulgate regulations addressing the
requirements for making requests and appeals, FOIA tasks them with
establishing the fees they may charge.\112\
---------------------------------------------------------------------------
\112\ All fees collected in the course of providing FOIA
services are to be deposited into the Treasury of the United States.
The Freedom of Information Reform Act of 1986; Uniform Freedom of
Information Act Fee Schedule and Guidelines, 52 FR 10012, 10017
(Mar. 27, 1987) (directing that funds collected for providing FOIA
services must be deposited into general revenues of United States
and not into agency accounts).
---------------------------------------------------------------------------
Unless a waiver or reduction of fees has been granted, these rules
permit the Office to charge an hourly rate for the search and review of
requested records by administrative or professional
[[Page 13541]]
staff.\113\ Current regulations require requesters to pay fees by check
or money order. As part of broader efforts to make its services
digitized, interconnected, and easier to navigate, the Office seeks to
simplify this process by requiring requesters to make their payments
via the methods prescribed in 37 CFR 201.6(a), including through
<a href="http://Pay.gov">Pay.gov</a>. This will ensure consistency in payment methods across the
Office's services.
---------------------------------------------------------------------------
\113\ 37 CFR 203.11(a)(1).
---------------------------------------------------------------------------
F. Technical Amendments
The Office will adopt technical amendments as needed to conform
existing regulations to any changes to the fee schedule.
List of Subjects in 37 CFR Parts 201, 202, and 203
Copyright, General provisions, Freedom of Information Act, Policies
and Procedures
Proposed Regulations
For the reasons set forth in the preamble, the Copyright Office
proposes amending 37 CFR parts 201, 202, and 203 as follows:
PART 201--GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
0
2. In Sec. 201.3, revise paragraphs (c), (d), and (e) to read as
follows:
Sec. 201.3 Fees for registration, recordation, and related services,
special services, and services performed by the Licensing Division.
* * * * *
(c) Registration, recordation, and related service fees. The
Copyright Office has established fees for these services. To calculate
the fee specified by paragraph (c)(23) of this section, for each work
identified in a document: The first title and/or first registration
number provided for that particular work constitutes a work; and each
additional title and registration number provided for that particular
work beyond the first constitutes an alternate identifier. The fees are
as follows:
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Registration, recordation, and related services Fees ($)
------------------------------------------------------------------------
(1) Registration of a claim in an original work of
authorship:
(i) Electronic filing.................................. 85
(ii) Paper Filing (Forms PA, SR, TX, VA, SE, SR)....... 185
(2) Registration of a claim in a group of contributions to 130
periodicals...............................................
(3) Registration of updates or revisions to a database that 700
predominantly consists of non-photographic works..........
(4) Registration of a claim in a group of published 85
photographs or a claim in a group of unpublished
photographs...............................................
(5) Registration for a database that predominantly consists
of photographs and updates thereto:
(i) Electronic filing.................................. 700
(ii) Paper filing...................................... 700
(6) Registration of a renewal claim (Form RE):
(i) Claim without addendum............................. 165
(ii) Addendum (in addition to the fee for the claim)... 135
(7) Registration of a claim in a group of serials (per 50
issue, minimum two issues)................................
(8) Registration of a claim in a group of newspapers or a 130
group of newsletters......................................
(9) Registration of a group of works on an album........... 130
(10) Registration of a claim in a group of unpublished 130
works or a claim in a group of two-dimensional artwork....
(11) Registration of a claim in a group of unpublished 130
works.....................................................
(12) Registration of a claim in a group of short online 130
literary works............................................
(13) Registration of a group of updates to a news website.. 350
(14) Registration of a claim in a restored copyright (Form 165
GATT).....................................................
(15) Preregistration of certain unpublished works.......... 320
(16) Registration of a correction or amplification to a
claim:
(i) Supplementary registration:
(A) Electronic filing.............................. 85
(B) Paper Filing for correction or amplification of 185
renewal registrations, GATT registrations, and
group registrations for non-photographic databases
(Form CA).........................................
(ii) Correction of a design registration: Form DC...... 185
(17) Registration of a claim in a mask work (Form MW)...... 650
(18) Registration of a claim in a vessel design (Form D/VH) 650
(19) Provision of an additional certificate of registration 80
(20) Certification of other Copyright Office records, 300
including search reports (per hour).......................
(21) Search report prepared from official records other 300
than Licensing Section records (per hour, 2 hour minimum).
(22) Estimate of retrieval or search fee (credited to 300
retrieval or search fee)..................................
(23) Retrieval of in-process or completed Copyright Office
records or other Copyright Office materials:
(i) Retrieval of paper records (per hour, 1 hour 300
minimum)..............................................
(ii) Retrieval of digital records (per hour, half hour 300
minimum, quarter hour increments).....................
(24) Recordation of a document, including a notice of
termination and a notice of intention to enforce a
restored copyright:
(i) Base fee (includes 1 work identified by 1 title and/
or registration number):
(A) Paper.......................................... 320
(B) Electronic..................................... 215
(ii) Additional transfer (per transfer) (for documents 215
recorded under 17 U.S.C. 205).........................
(iii) Additional works and alternate identifiers:
(A) Paper (per group of 10 or fewer additional 215
works and alternate identifiers)..................
(B) Electronic:
(1) 1 to 50 additional works and alternate 215
identifiers...................................
(2) 51 to 500 additional works and alternate 300
identifiers...................................
(3) 501 to 1,000 additional works and alternate 520
identifiers...................................
[[Page 13542]]
(4) 1,001 to 10,000 additional works and 745
alternate identifiers.........................
(5) Per group of 10,000 above 10,000 additional 745
works and alternate identifiers...............
(iv) Correction of online Public Catalog data due to 10
erroneous electronic title submission (per title).....
(25) Designation of agent under 17 U.S.C. 512(c)(2) to 25
receive notification of claimed infringement, or amendment
or resubmission of designation............................
(26)(i) Schedule of pre-1972 sound recordings, or 160
supplemental schedule of pre-1972 sound recordings (single
sound recording)..........................................
(ii) Additional sound recordings (per group of 1 to 100 80
sound recordings).....................................
(27) Removal of pre-1972 sound recording from Office's 160
database of indexed schedules (single sound recording)....
(28) Notice of noncommercial use of pre-1972 sound 160
recording.................................................
(29) Opt-out notice of noncommercial use of pre-1972 sound 160
recording.................................................
(30) Issuance of a receipt for a section 407 deposit....... 30
(31) Removal of PII from Registration Records:
(i) Initial request, per registration record........... 100
(ii) Reconsideration of denied requests, flat fee...... 135
------------------------------------------------------------------------
(d) Special service fees. The Copyright Office has established the
following fees for special services of the Office:
Table 1 to Paragraph (d)
------------------------------------------------------------------------
Special services Fees ($)
------------------------------------------------------------------------
(1) Service charge for deposit account overdraft........... 305
(2) Service charge for dishonored deposit account 535
replenishment check.......................................
(3) Service charge for an uncollectible or non-negotiable 125
payment...................................................
(4) Appeals:
(i) First appeal (per claim)........................... 535
(ii) Second appeal (per claim)......................... 1,200
(5) Secure test examining fee (per staff member per hour).. 375
(6) Copying of Copyright Office records by staff:
Photocopy.............................................. 20
Audiocassette.......................................... 105
Videocassette.......................................... 105
CD or DVD.............................................. 55
Flash drive............................................ 55
Unsupported formats and other copying of materials by Varied
outside providers, at cost of provider................
(7)(i) Special handling fee for a claim.................... 1,100
(ii) Handling fee for each non-special handling claim 60
using the same deposit................................
(8) Small claims expedited registration fee per 55
registration application request..........................
(9) Special handling fee for recordation of a document..... 1,100
(10) Handling fee for extra deposit copy for certification. 55
(11) Full-term retention of a published deposit:
(i) Physical deposit................................... 640
(ii) Electronic deposit................................ 320
(12) Voluntary cancellation of registration................ 320
(13) Matching unidentified deposit to deposit ticket claim 50
(per hour, one hour minimum)..............................
(14) Special handling fee for records retrieval, search, 1,100
and certification services (per hour, 1 hour minimum).....
(15) Litigation statement (Form LS)........................ 320
(16)(i) Notice to libraries and archives................... 55
(ii) Each additional title............................. 20
(17) Service charge for Federal Express mailing............ 105
(18) Service charge for delivery of documents via facsimile 10
(per page, 7 page maximum)................................
------------------------------------------------------------------------
(e) Licensing Section service fees. The Copyright Office has
established the following fees for specific services of the Licensing
Section:
Table 1 to Paragraph (e)
------------------------------------------------------------------------
Licensing Section services Fees ($)
------------------------------------------------------------------------
(1)(i) Recordation of a notice of intention to make and 100
distribute phonorecords (17 U.S.C. 115)...................
(ii) Additional titles (per group of 1 to 10 titles) 25
(paper filing)........................................
(iii) Additional titles (per group of 1 to 100 titles) 15
(online filing).......................................
[[Page 13543]]
(2) Statement of account amendment (cable television 70
systems and satellite carriers, 17 U.S.C. 111 and 119;
digital audio recording devices or media, 17 U.S.C. 1003).
(3) Recordation of certain contracts by cable TV systems 70
located outside the 48 contiguous states..................
(4) Initial or amended notice of digital transmission of 70
sound recording (17 U.S.C. 112, 114)......................
(5) Processing of a statement of account based on secondary
transmissions of primary transmissions pursuant to 17
U.S.C. 111:
(i) Form SA1........................................... 20
(ii) Form SA2.......................................... 25
(iii) Form SA3......................................... 960
(6) Processing of a statement of account based on secondary 960
transmissions of primary transmissions pursuant to 17
U.S.C. 119 or 122.........................................
(7) Search report prepared from Licensing Section records 300
(per hour, 2 hour minimum)................................
------------------------------------------------------------------------
* * * * *
PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
3. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
Sec. 202.3 [Amended]
0
4. Amend 202.3 as follows:
0
a. In paragraph (b)(2)(i) remove the phrase ``, the Single
Application,''.
0
b. Redesignate paragraph (b)(2)(C) as paragraph (b)(2)(B).
0
c. Remove paragraphs (b)(2)(B)(1) through (3), and paragraph (b)(2)(C).
0
d. In paragraph (c)(1), remove the phrase ``As a general rule, an'' and
add in its place the word ``An'' and remove the second sentence.
0
e. In paragraph (c)(3)(i), remove the phrase ``As a general rule, the''
and add in its place the word ``The'' and remove the second sentence.
* * * * *
PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES
0
5. The authority citation for part 203 continues to read as follows:
Authority: 5 U.S.C. 552.
0
6. In Sec. 203.11, amend paragraph (a)(2) by removing ``Requesters
must pay fees by check or money order made payable to the United States
Copyright Office'' and adding in its place ``Payment of the applicable
fees under this paragraph shall be made by the methods established
under Sec. 201.6(a) of this chapter''.
* * * * *
Dated: March 18, 2026.
Emily L. Chapuis,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2026-05529 Filed 3-19-26; 8:45 am]
BILLING CODE 1410-30-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.